Former Ombudsman Gilbert Swaso takes the government to court over past wages

Former Ombudsman Major Retired Gilbert Swaso has taken the government to court.  Swaso has filed what he describes as a historic constitutional claim over what he says is the government’s failure to uphold the constitutional protections attached to the Office of the Ombudsman.  In the claim, Swaso argues that the government failed to comply with provisions of the Constitution and the Ombudsman Act relating to the remuneration and independence of the office. While he is seeking compensation, Swaso says the lawsuit is not centered on a specific dollar figure. Rather, he maintains that the government failed to provide the salary and benefits that he was legally entitled to receive during his tenure.  According to Swaso, throughout his time as Ombudsman, he repeatedly wrote to the government requesting that his remuneration package be adjusted to bring it in line with the provisions of the law. He says those requests went unanswered and that the government failed to pay monies he believes were owed to him.

Gilbert Swaso, Former Ombudsman: “Such violation of the rule of law and the constitution cannot be countenanced. And I believe it is incumbent on me to do this, for and on behalf of the vulnerable people of Belize. I’m not looking for any figure at all. The court will, the case is early in front of the court, the court will determine the outcome of this case and to also ensure if the constitution and the Ombudsman Act were properly complied with. Because those are the instruments that stipulate, legally mandate how one actions should be, and I believe that they were not complied with.”

Reporter: Have you made any kind of attempts to settle this with the government? 

Gilbert Swaso, Former Ombudsman: “I wrote over six letters, an average of a minimum of two letters per year since 2023 till the time my contract expired. Every year I wrote requesting for the alignment and consistently the violation continues. So if it is then that it appears that there is a deep, profound reluctance then I believe that is why we are where we are.”

The former Ombudsman is also raising concerns about the circumstances surrounding the non-renewal of his appointment. Swaso believes the decision may have been influenced by a Freedom of Information ruling he issued while serving in office. In that ruling, he recommended that the government disclose the names of attorneys retained in a politically sensitive redistricting matter and the amount of public funds paid to them.  In an interview with Love News, Swaso says he cannot say for sure if his falling out with the government is truly linked to his ruling.

Gilbert Swaso, Former Ombudsman: “I am not certain why, however, again that will be determined but I must state that there were several cases and since I left office obviously it appears that there has not been any move to perhaps make amendments to those matters that were found to be problematic. There are other cases, serious, that will be investigated, which it appears that several people were walking on eggshells when they were summoned to give evidences. So in my view, it could be the FOIA and it could be the other cases which I was as the Ombudsman then was investigating. So it’s anyone’s guess because my loyalty was to the constitution, to the Ombudsman Act and to the people of Belize.”

Reporter: Do you have any regrets?

Gilbert Swaso, Former Ombudsman: “Not at all, no regrets at all.”

The constitutional claim has been assigned to Justice Goonetilleke and is scheduled to be heard in the High Court on July 14./